Lawmakers in 44 States Warn Congress

With tax collections dropping and jobless rates at record highs, state legislators hundreds of miles from Washington have found an easy way to appeal to conservative voters: Bash the federal government.

Lawmakers in 44 states have introduced measures warning Congress not to trample states' rights and dozens of other resolutions opposing the government on issues including gun control and health care.

Their efforts play to people angry with the status quo. A recent Pew Research Center poll found high anti-incumbent sentiment among voters ahead of the November congressional elections.

"The closer you are to elections, you see legislators with more backbone," said Michael Boldin of the California-based Tenth Amendment Center, a nonpartisan think tank named for the constitutional amendment that specifies any power not granted to the federal government is reserved for the states. "I'm sure there's a lot of grandstanding."

No states are likely to secede from the union, but they could derail or delay federal legislation the way they have by balking at a national identification program billed as a way to fight terrorism and identity theft. Most states still aren't complying with the Real ID law passed in 2005.

In conservative South Carolina, Republican House Majority Leader Kenny Bingham said his caucus made standing up to the federal government a top priority this year.

"I hear it at church, at the barber shop: 'You guys need to stand up.' The issue of federal intrusion is a John Doe issue," he said. "This is a yes-point for us. They're mad. They're upset. They expect us to respond."

That response included passing a resolution to assert the state's rights under several constitutional amendments. It says South Carolina's attorney general will sue if Congress passes mandates that the state deems unconstitutional, and that no state agency will follow the mandates while a decision is pending.

"To say public reaction and being vocal doesn't have any influence is ludicrous," Mr. Bingham said. "That's how you enact change in a civilized society."

Alabama, Alaska, Idaho, Louisiana, North Dakota, Oklahoma, South Dakota and Tennessee have passed resolutions asserting states' rights under the 10th Amendment, according to Mr. Boldin's group. Another passed the Kansas Senate last week after hundreds of residents rallied, brandishing copies of the U.S. Constitution, and vowed to "take their country back."

In South Carolina, the House has already passed an expanded version of a state rights measure it first approved last year. A version is awaiting Senate approval.

"It is vitally important for the future of our nation that the states stand against the relentless expansion of the federal government and restore the proper balance to our federal system," it reads.

Some Democratic legislators call the measures pointless, political moves that do nothing to improve residents' lives. Black Democrats in South Carolina say Republican efforts are reminiscent of South Carolina's declaration of secession 150 years ago, which, they noted, didn't work out so well.